Iron Mountain Australia Group Services Pty. Ltd trading as Iron Mountain
[2025] FWCA 2899
•28 AUGUST 2025
| [2025] FWCA 2899 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Iron Mountain Australia Group Services Pty. Ltd trading as Iron Mountain
(AG2025/2698)
IRON MOUNTAIN GROUP SERVICES PTY LTD & MOOREBANK SITE ENTERPRISE AGREEMENT 2025
| Storage services | |
| DEPUTY PRESIDENT ROBERTS | SYDNEY, 28 AUGUST 2025 |
Application for approval of the IRON MOUNTAIN Group Services Pty Ltd & Moorebank Site Enterprise Agreement 2025
An application has been made for approval of an enterprise agreement known as the IRON MOUNTAIN Group Services Pty Ltd & Moorebank Site Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Iron Mountain Australia Group Services Pty. Ltd trading as Iron Mountain (the Applicant). The Agreement is a single enterprise agreement.
The supporting material accompanying the application indicates that the employees received a final copy of the Agreement on 28 July 2025 which is less than 7 full calendar days before the commencement of the vote on 4 August 2025. However, the Applicant submitted that all employees had previously been provided with a final version of the Agreement prior to the formal notification of the vote on 28 July 2025 and that this had been agreed with the United Workers Union (UWU) who was a bargaining representative for the Agreement. On this basis I am satisfied that the employees were provided with a reasonable opportunity to consider the proposed agreement before voting on it in accordance with clause 4 of the Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023 (Statement of Principles). I also note that the notification of the time, place and method for the vote was provided on 28 July 2025 which is less than 7 full calendar days before the commencement of the vote on 4 August 2025 as referred to in clause 16 of the Statement of Principles. The Applicant submitted that this time frame was agreed with the UWU. Having taken into account the submissions of the Applicant, the response of the UWU and the matters referred to in the Statement of Principles,[1] I am satisfied that the Agreement has been genuinely agreed to by the employees covered by the Agreement.
The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.
Having regard to the supporting material and the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.
I am satisfied that the more beneficial entitlements of the National Employment Standards (NES) in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The UWU lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the UWU.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 5 May 2028.
DEPUTY PRESIDENT
Annexure A
[1] See s.188(1) of the Act.
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